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4626 JOURNAL OF THE HOUSE
Representative Hall, Atlanta, Georgia
Thursday, April 2, 2015
Fortieth Legislative Day
The House met pursuant to adjournment at 10:00 o'clock, A.M.,
this day and was
called to order by the Speaker. The roll was called and the
following Representatives answered to their names:
Alexander Allison Anderson Atwood Ballinger Barr Battles E
Beasley-Teague Bell Belton Bennett Bentley Benton Beskin Beverly
Broadrick Brockway Brooks Bruce Bryant Buckner Burns Caldwell, J
Caldwell, M Cantrell Carson Carter Chandler Cheokas Clark, D Clark,
H Clark, V Coleman Cooke Coomer
Cooper Corbett E Dawkins-Haigler Deffenbaugh Dempsey Dickerson
Dickey Dickson Dollar Douglas Drenner Dudgeon Dukes Dunahoo Duncan
Ealum Efstration Ehrhart England Epps Evans Fleming Fludd Frazier
Frye Gardner Gasaway E Geisinger Glanton Golick Gordon Gravley
Greene Hamilton
Harbin Harden Harrell Hatchett Hawkins Henson Hightower Hitchens
Holcomb E Holmes Houston Howard Hugley Jackson Jasperse Jones, J
Jones, J.B. Jones, L Jones, S Kaiser Kelley Kendrick Kidd Knight
LaRiccia Lumsden Mabra Marin Martin Maxwell McCall McClain Meadows
Mitchell
Morris Mosby Nimmer Nix O'Neal Pak Parrish Peake Petrea Pezold
Powell, A Powell, J Prince Pruett Quick Raffensperger Rakestraw
Ramsey Randall Reeves Rhodes Rice Roberts Rogers, C Rogers, T
Rutledge Rynders Scott Setzler Sharper Shaw Sims Smith, E Smith,
L
Smith, M Smith, R Smyre Spencer Stephens, M Stephens, R
Stephenson Stovall Stover Strickland Tankersley Tanner Tarvin
Taylor, D Taylor, T Teasley Thomas, A.M. Thomas, E Trammell Turner
Waites Watson Welch Weldon Werkheiser Wilkerson Wilkinson Willard
Williams, A Williams, C Williams, E Williamson Yates Ralston,
Speaker
Due to a mechanical malfunction, Representative Abrams of the
89th was not
recorded on the attendance roll call. She wished to be recorded
as present.
The following members were off the floor of the House when the
roll was called:
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THURSDAY, APRIL 2, 2015 4627
Representatives Casas of the 107th, Jacobs of the 80th, Jordan
of the 77th, Kirby of the 114th, Mayo of the 84th, Oliver of the
82nd, and Parsons of the 44th. They wished to be recorded as
present. Prayer was offered by Representative Mack Jackson,
District 142, Pastor, St. James Fellowship Church, Tennille,
Georgia. The members pledged allegiance to the flag. Representative
Cheokas of the 138th, Chairman of the Committee on Information and
Audits, reported that the Journal of the previous legislative day
had been read and found to be correct. By unanimous consent, the
reading of the Journal was dispensed with. The Journal was
confirmed. The following communication was received:
House of Representatives State Capitol, Room 217 Atlanta,
Georgia 30334
April 1, 2015 Mr. Bill Reilly, Clerk House of Representatives
309 State Capitol Atlanta, GA 30334
RE: H.B. 170 CCR Dear Mr. Clerk: I somehow missed a vote on the
Conference Committee Report on H.B. 170 last night and was recorded
as not voting. I would like the Journal to reflect that I voted Yea
on this bill. Your help in this matter would be greatly
appreciated. Sincerely,
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4628 JOURNAL OF THE HOUSE
/s/ John Yates State Representative District 73 JY:dr
By unanimous consent, the following was established as the order
of business during the first part of the period of unanimous
consents:
1. Introduction of Bills and Resolutions. 2. First reading and
reference of House Bills and Resolutions. 3. Second reading of
Bills and Resolutions. 4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills. 6.
First reading and reference of Senate Bills and Resolutions. By
unanimous consent, the following Bills and Resolutions of the House
were
introduced, read the first time and referred to the
Committees:
HB 691. By Representatives Tanner of the 9th, Willard of the
51st, Welch of the 110th, Caldwell of the 131st and Golick of the
40th:
A BILL to be entitled an Act to amend Article 1 of Chapter 32 of
Title 36 of the Official Code of Georgia Annotated, relating to
municipal courts generally, so as to provide the removal of
appointed municipal court judges under certain circumstances; to
provide for procedure; to provide for related matters; to repeal
conflicting laws; and for other purposes.
Referred to the Committee on Judiciary. HB 692. By
Representatives Carter of the 175th, Beverly of the 143rd, Maxwell
of the
17th, Dickson of the 6th and Smyre of the 135th:
A BILL to be entitled an Act to amend Title 37 of the Official
Code of Georgia Annotated, relating to mental health, so as to
authorize marriage and family therapists to perform certain acts
which physicians, psychologists, and others are authorized to
perform regarding emergency examinations of persons for involuntary
evaluation and treatment for mental illness or alcohol
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THURSDAY, APRIL 2, 2015 4629
or drug abuse; to define certain terms; to provide for related
matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services. HB
693. By Representatives Burns of the 159th, Roberts of the 155th,
McCall of the
33rd, Williams of the 168th and Knight of the 130th:
A BILL to be entitled an Act to amend Title 12 of the Official
Code of Georgia Annotated, relating to conservation and natural
resources, so as to repeal and reenact Chapter 6A, relating to land
conservation; to create the Georgia Legacy Trust Fund; to create
funding mechanisms for the protection and preservation of
conservation land and provide for their operation; to provide for
legislative intent; to provide for definitions; to establish
procedural requirements for approval of project proposals; to
provide for related matters; to provide an effective date; to
provide for contingent repeal; to repeal conflicting laws; and for
other purposes.
Referred to the Committee on Natural Resources &
Environment. HB 694. By Representatives Brockway of the 102nd,
Dudgeon of the 25th and
Raffensperger of the 50th:
A BILL to be entitled an Act to amend Chapter 24 of Title 33 of
the Official Code of Georgia, relating to insurance generally, so
as to provide for disclosure of health care fees; to provide for a
short title; to provide for legislative findings; to provide for
definitions; to provide for disclosures by health care providers;
to provide for certain notices; to provide for penalties; to
provide for prohibitions for filing credit reports and violation
penalties; to provide for related matters; to provide for an
effective date; to repeal conflicting laws; and for other
purposes.
Referred to the Committee on Insurance. HB 695. By
Representatives Randall of the 142nd, Dempsey of the 13th, Harbin
of the
122nd, Hatchett of the 150th, Rogers of the 29th and others:
A BILL to be entitled an Act to amend Title 31 of the Official
Code of Georgia Annotated, relating to health, so as to provide for
office based surgery procedures; to provide for definitions; to
provide for exemptions; to provide for application of procedures;
to provide for accreditation or certification requirements; to
provide for competency standards; to provide for sedation
assessment and management; to provide for separation of
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4630 JOURNAL OF THE HOUSE
surgical and monitoring functions; to provide for emergency care
and transfer protocols; to provide for medical record requirements;
to provide for standards of practice; to provide for adverse events
and advertising requirements; to provide for related matters; to
repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services. HB
696. By Representatives Welch of the 110th, Willard of the 51st,
Oliver of the
82nd, Chandler of the 105th and Houston of the 170th:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of
Title 49 of the Official Code of Georgia Annotated, relating to
general provisions relative to the Department of Human Resources,
so as to provide that the department shall, upon request, conduct
criminal background investigations as required by the Department of
Juvenile Justice and the Department of Behavioral Health and
Developmental Disabilities; to provide for the issuance and use of
such certification; to repeal conflicting laws; and for other
purposes.
Referred to the Committee on Juvenile Justice. HB 697. By
Representatives Kirby of the 114th, Harden of the 148th, Caldwell
of the
20th, Burns of the 159th, Jasperse of the 11th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 1 of
Title 10 of the Official Code of Georgia Annotated, relating to
unsolicited merchandise, so as to require solicitors to receive
from consumers affirmative assent to continued receipt of certain
merchandise following a free trial before charging; to provide for
remedies; to provide for related matters; to repeal conflicting
laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 698. By Representative Mitchell of the 88th:
A BILL to be entitled an Act to amend Article 1 of Chapter 1 of
Title 47 of the Official Code of Georgia Annotated, relating to
general provisions relative to retirement and pensions, so as to
provide that no public retirement system shall invest funds in
companies producing songs using certain racist or obscene lyrics;
to provide for divestiture of such investments; to provide for
related matters; to provide conditions for an effective date and
automatic repeal; to repeal conflicting laws; and for other
purposes.
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THURSDAY, APRIL 2, 2015 4631
Referred to the Committee on Retirement. HB 699. By
Representatives Welch of the 110th, Setzler of the 35th, Strickland
of the
111th and Tanner of the 9th:
A BILL to be entitled an Act to amend Chapter 80 of Title 36 of
the Official Code of Georgia Annotated, relating to general
provisions relative to provisions applicable to counties, municipal
corporations, and other governmental entities, so as to define a
certain term; to provide that when a majority of an elected
governing body is not elected to serve the next term of office,
such body shall not have the authority to incur debt, execute
contracts, or dispose of assets; to provide that such contracts or
instruments of indebtedness shall be void ab initio; to provide for
a cause of action to enforce such provisions; to provide for
related matters; to repeal conflicting laws; and for other
purposes.
Referred to the Committee on Governmental Affairs. HB 700. By
Representatives Epps of the 144th, Weldon of the 3rd, Hawkins of
the
27th, Gardner of the 57th and Bennett of the 94th:
A BILL to be entitled an Act to amend Article 7C of Chapter 4 of
Title 49 of the Official Code of Georgia Annotated, relating to
therapy services for children with disabilities, so as to revise
provisions relating to therapy services under Medicaid for children
with disabilities; to provide for requirements relating to the
Children's Intervention Services Program; to provide for related
matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services. HR
863. By Representatives Stover of the 71st, Caldwell of the 20th,
Cooke of the
18th, Tarvin of the 2nd, Spencer of the 180th and others:
A RESOLUTION proposing an amendment to the Constitution of the
State of Georgia so as to provide that all proceeds received by the
state from title ad valorem taxes on motor vehicles shall be
appropriated for providing and maintaining an adequate system of
public roads and bridges in this state and for grants to counties
for road construction and maintenance; to provide for related
matters; to provide for the submission of this amendment for
ratification or rejection; and for other purposes.
Referred to the Committee on Transportation.
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4632 JOURNAL OF THE HOUSE
HR 864. By Representatives Dudgeon of the 25th and Duncan of the
26th:
A RESOLUTION proposing an amendment to the Constitution so as to
provide that the General Assembly may by general law authorize
local boards of education to impose, levy, and collect development
impact fees and use the proceeds to pay for a share of the cost of
additional educational facilities; to provide for the submission of
this amendment for ratification or rejection; and for other
purposes.
Referred to the Committee on Ways & Means. HR 900. By
Representatives Barr of the 103rd, Welch of the 110th, Cooke of the
18th,
Brockway of the 102nd and Williamson of the 115th:
A RESOLUTION providing for delegates from the General Assembly
of Georgia to the Assembly of State Legislatures; and for other
purposes.
Referred to the Committee on Governmental Affairs. HR 906. By
Representatives Waites of the 60th, Williams of the 87th, Jones of
the
53rd, Anderson of the 92nd and Kidd of the 145th:
A RESOLUTION urging the State of Georgia to consider the
devastation caused by pit bull attacks when crafting legislation
regulating dogs so as not to impose on local governments that
choose to regulate those dogs for the safety of the community; and
for other purposes.
Referred to the Committee on Governmental Affairs. HR 907. By
Representatives Burns of the 159th, Roberts of the 155th, McCall of
the
33rd, Williams of the 168th and Knight of the 130th:
A RESOLUTION proposing an amendment to the Constitution so as to
authorize an annual allocation of 75 percent of the revenue derived
from the state sales and use tax with respect to the sale of
outdoor recreation equipment to a trust fund to be used for the
protection and preservation of conservation land; to provide for
related matters; to provide for the submission of this amendment
for ratification or rejection; and for other purposes.
Referred to the Committee on Ways & Means.
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THURSDAY, APRIL 2, 2015 4633
By unanimous consent, the following Bills and Resolutions of the
House were read the second time:
HB 685 HB 689 HR 853 HR 862
HB 686 HB 690 HR 854
Representative Tankersley of the 160th District, Chairman of the
Committee on Intragovernmental Coordination, submitted the
following report: Mr. Speaker: Your Committee on Intragovernmental
Coordination - Local Legislation has had under consideration the
following Bills of the Senate and has instructed me to report the
same back to the House with the following recommendations:
SB 215 Do Pass SB 216 Do Pass SB 217 Do Pass SB 220 Do Pass SB
231 Do Pass SB 237 Do Pass SB 238 Do Pass
Respectfully submitted, /s/ Tankersley of the 160th Chairman
Representative Weldon of the 3rd District, Chairman of the
Committee on Juvenile Justice, submitted the following report: Mr.
Speaker: Your Committee on Juvenile Justice has had under
consideration the following Resolution of the House and has
instructed me to report the same back to the House with the
following recommendation:
HR 768 Do Pass Respectfully submitted, /s/ Weldon of the 3rd
Chairman
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4634 JOURNAL OF THE HOUSE
The following report of the Committee on Rules was read and
adopted:
HOUSE RULES CALENDAR THURSDAY, APRIL 2, 2015
Mr. Speaker and Members of the House: The Committee on Rules has
fixed the calendar for this 40th Legislative Day as enumerated
below:
DEBATE CALENDAR
Open Rule None
Modified Open Rule HR 810 House Study Committee on Short-Term
Rental Providers; create
(SBD-Burns-159th)
Modified Structured Rule SB 59 "Partnership for Public
Facilities and Infrastructure Act" (Substitute)
(GAff-Hamilton-24th) Hill-6th (AM 28 1425) SB 156 State Charter
Schools Commission; authorize to establish a nonprofit
foundation (Ed-Belton-112th) Tippins-37th SB 203 Georgia World
War I Centennial Commission; create; membership,
powers, and duties (Substitute)(D&VA-Yates-73rd) Hill-6th SR
126 Bill T. Hardman Hospitality Highway; Dawson and Lumpkin
counties;
dedicate (Substitute)(Trans-Roberts-155th) Gooch-51st
Structured Rule None
Bills and Resolutions on this calendar may be called in any
order the Speaker desires. Respectfully submitted, /s/ Meadows of
the 5th Chairman
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THURSDAY, APRIL 2, 2015 4635
By unanimous consent, the following Bills of the Senate were
taken up for consideration and read the third time: SB 215. By
Senator Harbison of the 15th:
A BILL to be entitled an Act to create the Schley County
Utilities Authority; to provide for other related matters; to
provide for an effective date; to repeal conflicting laws; and for
other purposes.
The report of the Committee, which was favorable to the passage
of the Bill, was agreed to. SB 216. By Senators Tippins of the
37th, Hill of the 32nd, Rhett of the 33rd, Tate of
the 38th and Thompson of the 14th:
A BILL to be entitled an Act to amend an Act entitled "An Act to
reincorporate and provide a new charter for the City of Acworth,"
approved February 17, 1989 (Ga. L. 1989, p. 3512), as amended,
particularly by an Act approved March 28, 1990 (Ga. L. 1990, p.
4736), an Act approved April 17, 1992 (Ga. L. 1992, p. 6445), an
Act approved March 30, 1993 (Ga. L. 1993, p. 4245), and an Act
approved September 21, 1995 (Ga. L. 1995, Ex. Sess., p. 322), so as
to adopt by reference a certain map; to repeal conflicting laws;
and for other purposes.
The report of the Committee, which was favorable to the passage
of the Bill, was agreed to. SB 217. By Senators Tippins of the
37th, Hill of the 32nd, Rhett of the 33rd, Tate of
the 38th and Thompson of the 14th:
A BILL to be entitled an Act to amend an Act entitled "An Act to
reincorporate and provide a new charter for the City of Acworth,"
approved February 17, 1989 (Ga. L. 1989, p. 3512), as amended,
particularly by an Act approved March 20, 1990 (Ga. L. 1990, p.
4736), an Act approved April 17, 1992 (Ga. L. 1992, p. 6445), an
Act approved March 30, 1993 (Ga. L. 1993, p. 4245), and an Act
approved September 21, 1995 (Ga. L. 1995, Ex. Sess., p. 322), so as
to change the corporate boundaries; to repeal conflicting laws; and
for other purposes.
The report of the Committee, which was favorable to the passage
of the Bill, was agreed to.
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4636 JOURNAL OF THE HOUSE
SB 220. By Senator Harbison of the 15th:
A BILL to be entitled an Act to create the Schley County
Utilities Authority; to provide for other related matters; to
provide for an effective date; to repeal conflicting laws; and for
other purposes.
The report of the Committee, which was favorable to the passage
of the Bill, was agreed to. SB 231. By Senators Ramsey, Sr. of the
43rd and Jeffares of the 17th:
A BILL to be entitled an Act to create the City of Conyers
Public Facilities Authority and to provide for the appointment of
members of the authority; to confer powers upon the authority; to
authorize the issuance of revenue bonds by the authority; to fix
and provide the venue and jurisdiction of actions relating to any
provisions of this Act; to exempt the property and revenue bonds of
the authority from taxation; to provide for severability; to
provide a short title; to provide for related matters; to provide
an effective date; to repeal conflicting laws; and for other
purposes.
The report of the Committee, which was favorable to the passage
of the Bill, was agreed to. SB 237. By Senator Gooch of the
51st:
A BILL to be entitled an Act to provide for the compensation of
the members of the Board of Education of White County; to repeal
conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage
of the Bill, was agreed to. SB 238. By Senator Burke of the
11th:
A BILL to be entitled an Act to create the Bainbridge-Decatur
County Recreation Authority and to authorize such authority to
provide recreational services throughout Decatur County; to provide
for related matters; to provide for activation of the authority; to
provide an effective date; to repeal conflicting laws; and for
other purposes.
The report of the Committee, which was favorable to the passage
of the Bill, was agreed to.
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THURSDAY, APRIL 2, 2015 4637
By unanimous consent, the following Bills of the House were
taken up for the purpose of considering the Senate action thereon:
HB 623. By Representatives Epps of the 144th, Randall of the 142nd,
Dickey of the
140th, Peake of the 141st and Beverly of the 143rd:
A BILL to be entitled an Act to amend an Act known as the "Macon
Water Authority Act," approved March 23, 1992 (Ga. L. 1992, p.
4991), as amended, so as to revise the powers of the authority; to
provide for the ability to operate a storm water utility; to
provide for related matters; to repeal conflicting laws; and for
other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend an Act known as the "Macon Water Authority Act,"
approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, so as
to revise the powers of the authority; to provide for the ability
to operate a storm water utility; to provide for related matters;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act known as the "Macon Water Authority Act,"
approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, is
amended by revising Section 5 by deleting "and" at the end of
paragraph (19.1) and by adding a new paragraph to read as
follows:
"(19.2) As authorized by and pursuant to an intergovernmental
agreement with the governing authority responsible for storm water
control in the areas served by the authority, to provide storm
water management services and operate, maintain, develop, repair,
and construct a storm water management system and utility in areas
served by the authority; to issue bonds therefor, set rates,
establish fees, and enter into agreements regarding the same; and
to perform any and all actions related to the operation and
maintenance of such storm water management system and utility
including the right to exercise all powers as are now or may
hereafter be vested in the authority in connection with its
operation and provision of water and sewerage services in the areas
which it services; and".
SECTION 2.
All laws and parts of laws in conflict with this Act are
repealed.
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4638 JOURNAL OF THE HOUSE
HB 652. By Representatives O`Neal of the 146th, Dickey of the
140th, Harden of the 148th, Epps of the 144th and Clark of the
147th:
A BILL to be entitled an Act to create the Perry Public
Facilities Authority; to provide for an effective date; to repeal
conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To create the Perry Public Facilities Authority; to provide for
the appointment of members of such authority; to confer powers upon
the authority; to authorize the issuance of revenue bonds by the
authority payable from the revenues, tolls, fees, charges, and
earnings of the authority, contract payments to the authority, and
from other moneys pledged therefor and to authorize the collection
and pledging of the revenues, tolls, fees, charges, earnings, and
contract payments of the authority for the payment of such revenue
bonds; to authorize the execution of resolutions and trust
indentures to secure the payment of the revenue bonds of the
authority and to define the rights of the holders of such
obligations; to make the revenue bonds of the authority exempt from
taxation; to fix and provide the venue and jurisdiction of actions
relating to any provisions of this Act; to provide for the
validation of bonds; to provide for the separate enactment of each
provision of this Act; to provide for an effective date; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Short title.
This Act shall be known and may be cited as the "Perry Public
Facilities Authority Act."
SECTION 2. Perry Public Facilities Authority.
(a) There is created a public body corporate and politic to be
known as the "Perry Public Facilities Authority," which shall be
deemed to be a political subdivision of the state and a public
corporation, and by that name, style, and title said body may
contract and be contracted with, sue and be sued, implead and be
impleaded, and complain and defend in all courts of law and equity.
The authority shall have perpetual existence.
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THURSDAY, APRIL 2, 2015 4639
(b) The authority shall consist of seven members. The mayor and
councilmembers of the City of Perry shall each appoint one member
whose term on the authority shall correspond with the term of the
mayor or councilmember who appointed such member. (c) The members
of the authority shall not be compensated for their services;
provided, however, that such members shall be reimbursed for their
actual expenses necessarily incurred in the performance of their
duties. (d) The members of the authority shall elect one of their
number as chairperson and another as a vice-chairperson. The
members of the authority shall also elect a secretary, who need not
be a member of the authority, and may also elect a treasurer, who
need not be a member of the authority. The secretary may also serve
as treasurer. If the secretary or treasurer are not members of the
authority, such officers shall have no voting rights. Such officers
shall serve for a period of one year and until their successors are
duly elected and qualified. (e) Four members of the authority shall
constitute a quorum. No vacancy on the authority shall impair the
right of the quorum to exercise all of the rights and perform all
of the duties of the authority.
SECTION 3. Definitions.
As used in this Act, the term:
(1) "Authority" means the Perry Public Facilities Authority
created by this Act. (2) "City council" means the city council of
the City of Perry, Georgia, or similar body or person managing the
affairs of the city. (3) "Costs of the project" means and embraces
the cost of construction; the cost of all lands, properties,
rights, rights of way, easements, and franchises acquired; the cost
of all machinery and equipment; financing charges; interest prior
to and during construction and for six months after completion of
construction; the cost of engineering, architectural, fiscal
agents, accounting, legal, plans and specifications, and other
expenses necessary or incidental to determining the feasibility or
practicability of the project; administrative expenses, and such
other expenses as may be necessary or incident to the financing
herein authorized; working capital; and all other costs necessary
to acquire, construct, add to, extend, improve, equip, operate, and
maintain the project. (4) "City" means Perry, Georgia, and its
successors. (5) "Project" means:
(A) All buildings, facilities, equipment, and other real and
personal property necessary or beneficial for the efficient
operation of the city or any department, agency, division, or
commission thereof; and (B) Any undertaking of the city permitted
pursuant to the Revenue Bond Law.
(6) "Revenue Bond Law" means the state's Revenue Bond Law as
enacted in Article 3 of Chapter 82 of Title 36 of the Official Code
of Georgia Annotated.
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4640 JOURNAL OF THE HOUSE
(7) "Revenue bonds" means revenue bonds authorized to be issued
pursuant to this Act and the Revenue Bond Law. (8) "Self
liquidating" means any project which the revenues and earnings to
be derived by the authority therefrom, including but not limited to
any contractual payments with governmental or private entities, and
all properties used, leased, and sold in connection therewith,
together with any grants, will be sufficient to pay the costs of
operating, maintaining and repairing the project and to pay the
principal and interest on the revenue bonds or other obligations
which may be issued for the purpose of paying the costs of the
project. (9) "State" means the State of Georgia.
SECTION 4.
Powers. The Authority shall have the power:
(1) To have a seal and alter the same at its pleasure; (2) To
acquire by purchase, lease, gift, or otherwise, and to hold,
operate, maintain, lease, and dispose of real and personal property
of every kind and character for its corporate purposes; (3) To
acquire in its own name by purchase, on such terms and conditions
and in such manner as it may deem proper, real property or rights
or easements therein, or franchises necessary or convenient for its
corporate purposes, and to use the same so long as its corporate
existence shall continue, and to lease or make contracts with
respect to the use of or dispose of the same in any manner it deems
to the best advantage of the authority; provided, however, no
property shall be acquired under the provisions of this Act upon
which any lien or encumbrance exists, unless at the time such
property is so acquired a sufficient sum of money is to be
deposited in trust to pay and redeem the fair value of such lien or
encumbrance; (4) To appoint, select, and employ officers, agents,
and employees, including engineering, architectural, and
construction experts, fiscal agents, and attorneys, and fix their
respective compensations; (5) To execute contracts, leases,
installment sale agreements, and other agreements and instruments
necessary or convenient in connection with the acquisition,
construction, addition, extension, improvement, equipping,
operation, or maintenance of a project; and any and all persons,
firms and corporations, the city, and any other political
subdivision or municipality of the state are hereby authorized to
enter into contracts, leases, installment sale agreements, and
other agreements or instruments with the authority upon such terms
and for such purposes as they deem advisable and as they are
authorized by law; (6) To acquire, construct, add to, extend,
improve, equip, hold, operate, maintain, lease, dispose of, and
sell projects; (7) To pay the costs of the project with the
proceeds of revenue bonds or other obligations issued by the
authority or from any grant or contribution from the United
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THURSDAY, APRIL 2, 2015 4641
States of America or any agency or instrumentality thereof or
from the state or any agency or instrumentality or other political
subdivision thereof or from any other source whatsoever; (8) To
accept loans or grants of money or materials or property of any
kind from the United States of America or any agency or
instrumentality thereof, upon such terms and conditions as the
United States of America or such agency or instrumentality may
require; (9) To accept loans or grants of money or materials or
property of any kind from the state or any agency or
instrumentality or political subdivision thereof, upon such terms
and conditions as the state or such agency or instrumentality or
political subdivision may require; (10) To borrow funds for any of
its corporate purposes and to issue revenue bonds, and to provide
for the payment of the same and for the rights of the holders
thereof; (11) To exercise any power usually possessed by private
corporations performing similar functions, including the power to
incur short-term debt and to approve, execute, and deliver
appropriate evidence of any such indebtedness and the power to
enter into interest rate swaps, forward purchase agreements,
repurchase agreements, and other similar agreements; (12) To sell
or assign its rights under its contracts, lease agreements, or
installment sale agreements or its right to receive payments
thereunder, either directly or through trust or custodial
arrangements whereby interests are created in such contracts, lease
agreements, or installment sale agreements or the payments to be
received thereunder through the issuance of trust certificates,
certificates of participation, custodial receipts, or other similar
instruments; and (13) To do all things necessary or convenient to
carry out the powers expressly given in this Act.
SECTION 5.
Revenue bonds. The authority, or any entity or body which has or
which may in the future succeed to the powers, duties, and
liabilities vested in the authority created hereby, shall have
power and is hereby authorized to provide by resolution for the
issuance of revenue bonds by the authority for the purpose of
paying all or any part of the costs of the project and for the
purpose of refunding revenue bonds or other obligations previously
issued. The principal of and interest on such revenue bonds shall
be payable solely from the special fund hereby provided for such
payment. The revenue bonds of each issue shall be dated, shall bear
interest at such rate or rates per annum, payable at such time or
times, shall mature at such time or times not exceeding 40 years
from their date or dates, shall be payable in such medium of
payment as to both principal and interest as may be determined by
the authority, and may be redeemable before maturity, at the option
of the authority, at such price or prices and under such terms and
conditions as may be fixed by the authority in the resolution for
the issuance of such revenue bonds.
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SECTION 6.
Revenue bonds; form; denomination; registration; place of
payment. The authority shall determine the form of the revenue
bonds and shall fix the denomination or denominations of such
revenue bonds. The revenue bonds may be issued in registered form,
and provision may be made for registration and exchangeability
privileges. The authority shall fix the place or places of payment
of principal and interest thereon.
SECTION 7. Revenue bonds; signatures; seal.
All revenue bonds shall bear the manual or facsimile signature
of the chairperson or vice-chairperson of the authority and the
attesting manual or facsimile signature of the secretary, assistant
secretary, or secretary-treasurer of the authority, and the
official seal of the authority shall be impressed or imprinted
thereon. Any revenue bonds may bear the manual or facsimile
signature of such persons as at the actual time of the execution of
such revenue bonds shall be duly authorized or hold the proper
office, although at the date of issuance of such revenue bonds such
person may not have been so authorized or shall not have held such
office. In case any officer whose signature shall appear on any
revenue bond shall cease to be such officer before the delivery of
such revenue bond, such signature shall nevertheless be valid and
sufficient for all purposes, the same as if that person had
remained in office until such delivery.
SECTION 8. Revenue bonds; negotiability; exemption from
taxation.
All revenue bonds shall have and are hereby declared to have all
the qualities and incidents of negotiable instruments under the
laws of the state. All revenue bonds, their transfer and the income
therefrom shall be exempt from all taxation within the state. The
authority shall be exempt from all taxation within the state in the
same manner and to the same extent that the city is exempt from
such taxes.
SECTION 9. Revenue bonds; sale; price; proceeds.
The authority may sell revenue bonds in such manner and for such
price as it may determine to be in the best interest of the
authority. The proceeds derived from the sale of revenue bonds
shall be used solely for the purpose or purposes provided in the
resolutions and proceedings authorizing the issuance of such
revenue bonds.
SECTION 10. Revenue bonds; interim receipts and certificates or
temporary bonds.
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Prior to the preparation of any definitive revenue bonds, the
authority may, under like restrictions, issue interim receipts,
interim certificates, or temporary revenue bonds, exchangeable for
definitive revenue bonds upon the issuance of the latter.
SECTION 11.
Revenue bonds; replacement of lost or mutilated bonds. The
authority may provide for the replacement of any revenue bonds
which shall become mutilated or be destroyed or lost.
SECTION 12. Revenue bonds; conditions precedent to issuance.
The authority shall adopt a resolution authorizing the issuance
of the revenue bonds. In the resolution, the authority shall
determine that the project financed or refinanced with the proceeds
of the revenue bonds is self liquidating. Any resolution providing
for the issuance of revenue bonds under the provisions of this Act
shall become effective immediately upon its passage. Any such
resolution may be passed by a majority of the authority's members
at any regular or special meeting that is duly advertised by the
authority pursuant to Chapter 14 of Title 50 of the Official Code
of Georgia Annotated.
SECTION 13. Credit not pledged.
Revenue bonds shall not be deemed to constitute a debt of the
city nor a pledge of the faith and credit of the city, but such
revenue bonds shall be payable solely from the fund hereinafter
provided for. The issuance of such revenue bonds shall not
directly, indirectly or contingently obligate the city to levy or
to pledge any form of taxation whatsoever for payment of such
revenue bonds or to make any appropriation for their payment, and
all such revenue bonds shall contain recitals on their face
covering substantially the foregoing provisions of this section.
Notwithstanding the foregoing provisions, this Act shall not affect
the ability of the authority and any political subdivision or
municipality to enter into an intergovernmental contract pursuant
to which the political subdivision or municipality agrees to pay
amounts sufficient to pay operating charges and other costs of the
authority or any project including, without limitation, the
principal of and interest on revenue bonds in consideration for
services or facilities of the authority.
SECTION 14. Trust indenture as security.
In the discretion of the authority, any issuance of revenue
bonds may be secured by a trust indenture by and between the
authority and a corporate trustee, which may be any
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4644 JOURNAL OF THE HOUSE
trust company or bank having the powers of a trust company
within or outside the state. Either the resolution providing for
the issuance of the revenue bonds or such trust indenture may
contain such provisions for protecting and enforcing the rights and
remedies of the bondholders as may be reasonable and proper and not
in violation of law, including covenants setting forth the duties
of the authority in relation to the acquisition and construction of
the project, the maintenance, operation, repair and insuring of the
project, and the custody, safeguarding, and application of all
monies.
SECTION 15. To whom proceeds of bonds shall be paid.
In the resolution providing for the issuance of revenue bonds or
in the trust indenture, the authority shall provide for the payment
of the proceeds of the sale of the revenue bonds to any officer or
person, or any agency, bank, or trust company, who shall act as
trustee of such funds and shall hold and apply the same to the
purposes thereof, subject to such regulations as this Act and such
resolution or trust indenture may provide.
SECTION 16. Sinking fund.
The moneys received pursuant to an intergovernmental contract
and the revenues, fees, tolls, charges, and earnings derived from
any particular project or projects, regardless of whether or not
such revenues, fees, tolls, fines, charges, and earnings were
produced by a particular project for which revenue bonds have been
issued, unless otherwise pledged and allocated, may be pledged and
allocated by the authority to the payment of the principal and
interest on revenue bonds of the authority as the resolution
authorizing the issuance of the revenue bonds or in the trust
indenture may provide, and such funds so pledged from whatever
source received shall be set aside at regular intervals as may be
provided in the resolution or trust indenture, into a sinking fund,
which said sinking fund shall be pledged to and charged with the
payment of the interest upon such revenue bonds as such interest
shall fall due; the principal or purchase price of such revenue
bonds as the same shall fall due; any premium upon such revenue
bonds as the same shall fall due; the purchase of such revenue
bonds in the open market; and the necessary charges of the paying
agent for paying principal and interest. The use and disposition of
such sinking fund shall be subject to such regulations as may be
provided in the resolution authorizing the issuance of the revenue
bonds or in the trust indenture, but, except as may otherwise be
provided in such resolution or trust indenture, such sinking fund
shall be maintained as a trust account for the benefit of all
revenue bonds without distinction or priority of one over
another.
SECTION 17. Remedies of bondholders.
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Any holder of revenue bonds and the trustee under the trust
indenture, if any, except to the extent the rights herein given may
be restricted by resolution passed before the issuance of the
revenue bonds or by the trust indenture, may, either at law or in
equity, by suit, action, mandamus, or other proceedings, protect
and enforce any and all rights under the laws of the state,
including specifically but without limitation, the Revenue Bond
Law, or granted hereunder or under such resolution or trust
indenture, and may enforce and compel performance of all duties
required by this Act or by such resolution or trust indenture to be
performed by the authority or any officer thereof, including the
fixing, charging, and collecting of revenues, fees, tolls, fines,
and other charges for the use of the facilities and services
furnished.
SECTION 18. Validation.
Revenue bonds and the security therefor shall be confirmed and
validated in accordance with the procedure of the Revenue Bond Law.
The petition for validation shall also make party defendant to such
action any city, municipality, school district, or other political
subdivision or authority of the state which has contracted with the
authority for services or facilities relating to the project for
which revenue bonds are to be issued and sought to be validated,
and such defendant shall be required to show cause, if any exists,
why such contract or contracts shall not be adjudicated as a part
of the basis for the security for the payment of any such revenue
bonds. The revenue bonds when validated and the judgment of
validation shall be final and conclusive with respect to such
revenue bonds and the security for the payment thereof and interest
thereon and against the authority and all other defendants.
SECTION 19. Venue and jurisdiction.
Any action to protect or enforce any rights under the provisions
of this Act or any suit or action against such authority shall be
brought in the superior court of Houston County, and any action
pertaining to validation of any revenue bonds issued under the
provisions of this Act shall likewise be brought in said court
which shall have exclusive, original jurisdiction of such
actions.
SECTION 20. Interest of bondholders protected.
While any of the revenue bonds issued by the authority remain
outstanding, the powers, duties, or existence of said authority or
its officers, employees, or agents, shall not be diminished or
impaired in any manner that will affect adversely the interests and
rights of the holders of such revenue bonds. The provisions of this
Act shall be for the benefit of the authority and the holders of
any such revenue bonds, and upon the issuance of such
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4646 JOURNAL OF THE HOUSE
revenue bonds under the provisions of this Act, shall constitute
a contract with the holders of such revenue bonds.
SECTION 21. Monies received considered trust funds.
All monies received pursuant to the authority of this Act,
whether as proceeds from the sale of revenue bonds, as grants or
other contributions, or as revenue, income, fees, and earnings,
shall be deemed to be trust funds to be held and applied solely as
provided in this Act.
SECTION 22. Purpose of the authority.
Without limiting the generality of any provision of this Act,
the public purpose of the authority is declared to be that of
providing public buildings, facilities, equipment, and other real
and personal property for the citizens in the city.
SECTION 23. Rates, charges, and revenues; use.
The authority is hereby authorized to prescribe and fix rates
and to revise same from time to time and to collect revenues,
tolls, fees, and charges for the services, facilities, and
commodities furnished, and in anticipation of the collection of the
revenues, to issue revenue bonds or other types of obligations as
herein provided to finance, in whole or in part, the costs of the
project, and to pledge to the punctual payment of said revenue
bonds or other obligations, all or any part of the revenues.
SECTION 24. Rules, regulations, service policies, and
procedures for operation of projects. It shall be the duty of
the authority to prescribe or cause to be prescribed rules,
regulations, service policies, and procedures for the operation of
any project or projects constructed or acquired under the
provisions of this Act. The authority may adopt bylaws.
SECTION 25. Tort immunity.
To the extent permitted by law, the authority shall have the
same immunity and exemption from liability for torts and negligence
as the city. The officers, agents, and employees of the authority
when in the performance of the work of the authority shall have the
same immunity and exemption from liability for torts and negligence
as the
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officers, agents, and employees of the city when in the
performance of their public duties or work of the city.
SECTION 26. Tax-exempt status of authority.
The properties of the authority, both real and personal, are
declared to be public properties used for the benefit and welfare
of the people of the state and not for purposes of private or
corporate benefit and income, and such properties and the authority
shall be exempt from all taxes and special assessments of any
municipality, city, or the state and any political subdivision
thereof.
SECTION 27. Effect on other governments.
This Act shall not and does not in any way take from the city or
any political subdivision or municipality the authority to own,
operate, and maintain public facilities or to issue revenue bonds
as provided by the Revenue Bond Law.
SECTION 28. Earnings and dissolution.
The earnings of the authority shall not inure to the benefit of
private persons. Upon dissolution of the authority, title to all
property of the authority shall revert to the city.
SECTION 29. Liberal construction of Act.
This Act, being for the welfare of various political
subdivisions and municipalities of the state and its inhabitants,
shall be liberally construed to effect the purposes of this
Act.
SECTION 30. Severability; effect of partial invalidity of
Act.
The provisions of this Act are severable, and if any of its
provisions shall be held unconstitutional by any court of competent
jurisdiction, the decision of such court shall not affect or impair
any of the remaining provisions.
SECTION 31. Effective date.
This Act shall become effective upon its approval by the
Governor or upon its becoming law without such approval.
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SECTION 32. Repealer.
All laws and parts of laws in conflict with this Act are
repealed.
By unanimous consent, the following roll call vote was made
applicable to the previously read Bills.
On the passage of the Bills, and on the agreement to the Senate
substitutes, the roll
call was ordered and the vote was as follows: Y Abrams Y
Alexander Y Allison Y Anderson Y Atwood Y Ballinger Y Barr Y
Battles E Beasley-Teague Y Bell Y Belton Y Bennett Y Bentley Y
Benton Y Beskin Beverly Y Broadrick Y Brockway Y Brooks Y Bruce Y
Bryant Y Buckner Y Burns Y Caldwell, J Y Caldwell, M Y Cantrell Y
Carson Y Carter Casas Y Chandler Y Cheokas Y Clark, D Y Clark, H Y
Clark, V Y Coleman Y Cooke
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y
Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner
Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart
Y England Y Epps Y Evans Y Fleming Floyd Y Fludd Y Frazier Y Frye Y
Gardner Y Gasaway Y Geisinger Y Glanton Y Golick Y Gordon Y Gravley
Y Greene Y Hamilton
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson Y
Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley
Y Jackson Y Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y
Jones, S Jordan Y Kaiser Y Kelley Y Kendrick Y Kidd Y Kirby Y
Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin Y Maxwell E
Mayo Y McCall Y McClain
Y Meadows Y Mitchell Morris Y Mosby Y Nimmer Y Nix Y Oliver Y
O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea Y Pezold Y
Powell, A Y Powell, J Y Prince Y Pruett Y Quick Y Raffensperger Y
Rakestraw Y Ramsey Y Randall Y Reeves Y Rhodes Y Rice Y Roberts Y
Rogers, C Y Rogers, T Y Rutledge Y Rynders Y Scott Y Setzler Y
Sharper Y Shaw Y Sims
Y Smith, E Y Smith, L Y Smith, M Y Smith, R Y Smyre Y Spencer Y
Stephens, M Y Stephens, R Y Stephenson Y Stovall Y Stover Y
Strickland Y Tankersley Y Tanner Y Tarvin Y Taylor, D Y Taylor, T Y
Teasley Thomas, A.M. Y Thomas, E Y Trammell Y Turner Y Waites Y
Watson Y Welch Y Weldon Y Werkheiser Y Wilkerson Y Wilkinson Y
Willard Y Williams, A Y Williams, C Y Williams, E Y Williamson Y
Yates Ralston, Speaker
On the passage of the Bills, and on the agreement to the Senate
substitutes, the ayes
were 169, nays 0.
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THURSDAY, APRIL 2, 2015 4649
The Bills, having received the requisite constitutional
majority, were passed, and the House has agreed to the Senate
substitutes.
By unanimous consent, the following Bill of the Senate was read
the first time and referred to the Committee:
SB 209. By Senator Jackson of the 2nd:
A BILL to be entitled an Act to amend an Act completely revising
the laws relative to the governing authority of Chatham County,
approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended,
particularly by an Act approved April 4, 2012 (Ga. L. 2012, p.
4628), so as to change the description of the commissioner
districts; to provide for definitions and inclusions; to provide
for the continuance in office of current members; to provide for
related matters; to repeal conflicting laws; and for other
purposes.
Referred to the Committee on Intragovernmental Coordination -
Local. The following members were recognized during the period of
Morning Orders and addressed the House:
Representatives Stephens of the 164th, Gravley of the 67th et
al., Kendrick of the 93rd, Stovall of the 74th, Battles of the
15th, Kirby of the 114th, Bentley of the 139th, Anderson of the
92nd, Williamson of the 115th, Pezold of the 133rd, Thomas of the
39th et al., and Thomas of the 56th.
Under the general order of business, established by the
Committee on Rules, the following Resolution of the House was taken
up for consideration and read the third time: HR 810. By
Representative Burns of the 159th:
A RESOLUTION creating the House Study Committee on Short-Term
Rental Providers; and for other purposes.
The report of the Committee, which was favorable to the adoption
of the Resolution, was agreed to. On the adoption of the
Resolution, the roll call was ordered and the vote was as follows:
Y Abrams Y Alexander Y Allison Y Anderson
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler
Y Harbin Y Harden Y Harrell Y Hatchett
Y Meadows Y Mitchell Y Morris Y Mosby
Y Smith, E Y Smith, L Y Smith, M Y Smith, R
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4650 JOURNAL OF THE HOUSE
Y Atwood Y Ballinger Y Barr Y Battles E Beasley-Teague Y Bell Y
Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick
Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Caldwell,
J Y Caldwell, M Y Cantrell Y Carson Y Carter Y Casas Y Chandler Y
Cheokas Clark, D Y Clark, H Y Clark, V Y Coleman Y Cooke
Y Deffenbaugh Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar
Y Douglas Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Duncan Y Ealum
Efstration Y Ehrhart Y England Y Epps Y Evans Fleming E Floyd Y
Fludd Y Frazier Y Frye Y Gardner Y Gasaway Y Geisinger Y Glanton Y
Golick Y Gordon Y Gravley Y Greene Y Hamilton
Y Hawkins Y Henson Y Hightower Y Hitchens Y Holcomb E Holmes Y
Houston Y Howard Y Hugley Jackson Y Jacobs Y Jasperse Y Jones, J Y
Jones, J.B. Jones, L Y Jones, S Jordan Y Kaiser Y Kelley Kendrick Y
Kidd Y Kirby Y Knight Y LaRiccia Y Lumsden Y Mabra Y Marin Y Martin
Y Maxwell E Mayo Y McCall McClain
Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak Y Parrish Y Parsons Y
Peake Y Petrea Y Pezold Y Powell, A Y Powell, J Prince Y Pruett Y
Quick Y Raffensperger Y Rakestraw Ramsey Y Randall Y Reeves Y
Rhodes Y Rice Y Roberts Y Rogers, C Y Rogers, T Y Rutledge Y
Rynders Y Scott Y Setzler Y Sharper Y Shaw Y Sims
Y Smyre Y Spencer Y Stephens, M Y Stephens, R Y Stephenson Y
Stovall Y Stover Y Strickland Y Tankersley Y Tanner Y Tarvin Y
Taylor, D Y Taylor, T Y Teasley Y Thomas, A.M. Y Thomas, E Y
Trammell Y Turner Y Waites Y Watson Y Welch Weldon Y Werkheiser Y
Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y
Williams, E Y Williamson Y Yates Ralston, Speaker
On the adoption of the Resolution, the ayes were 163, nays 0.
The Resolution, having received the requisite constitutional
majority, was adopted.
The following Bills of the House and Senate were taken up for
the purpose of considering the Senate action thereon:
SB 127. By Senators Jeffares of the 17th, Harbison of the 15th,
Harper of the 7th,
Williams of the 19th, Stone of the 23rd and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 21 of
the Official Code of Georgia Annotated, relating to ethics in
government, so as to provide for waivers of certain civil penalties
and fees incurred by candidates for local elected office; to
provide for exceptions; to provide for refunds of certain civil
penalties and fees; to provide for legislative findings; to provide
for related matters; to provide an effective date; to repeal
conflicting laws; and for other purposes.
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THURSDAY, APRIL 2, 2015 4651
Representative Fleming of the 121st moved that the House adhere
to its position in insisting on its substitute to SB 127 and that a
Committee of Conference be appointed on the part of the House to
confer with a like committee on the part of the Senate. The motion
prevailed. The Speaker appointed as a Committee of Conference on
the part of the House the following members: Representatives
Fleming of the 121st, Hamilton of the 24th and Rynders of the
152nd. HB 520. By Representatives Taylor of the 79th, Holcomb of
the 81st, Fleming of the
121st and Rynders of the 152nd:
A BILL to be entitled an Act to incorporate the City of LaVista
Hills in DeKalb County; and for other purposes.
Representative Taylor of the 79th moved that the House insist on
its position in disagreeing to the Senate substitute to HB 520 and
that a Committee of Conference be appointed on the part of the
House to confer with a like committee on the part of the
Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part
of the House the following members:
Representatives Taylor of the 79th, Brockway of the 102nd and
Rynders of the 152nd.
HB 72. By Representatives Willard of the 51st, Jones of the
47th, Abrams of the 89th, Cooper of the 43rd, Hugley of the 136th
and others:
A BILL to be entitled an Act to amend Title 16, Article 1 of
Chapter 8 of Title 17, Chapter 5 of Title 30, and Title 31 of the
O.C.G.A., relating to crimes and offenses, general provisions for
trial, protection of disabled adults and elder persons, and health,
respectively, so as to expand and clarify protection of disabled
adults and elder persons; to provide for and revise definitions; to
repeal provisions relating to exclusion of evidence obtained during
the execution of an inspection warrant; to provide for related
matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
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4652 JOURNAL OF THE HOUSE
A BILL TO BE ENTITLED AN ACT
To amend Title 16, Article 1 of Chapter 8 of Title 17, Chapter 5
of Title 30, and Title 31 of the Official Code of Georgia
Annotated, relating to crimes and offenses, general provisions for
trial, protection of disabled adults and elder persons, and health,
respectively, so as to expand and clarify protection of disabled
adults and elder persons; to provide for and revise definitions; to
prohibit private causes of actions or civil remedies pursuant to
provisions of the "Georgia RICO (Racketeer Influenced and Corrupt
Organizations) Act"; to provide for venue; to provide for abuse,
neglect, and exploitation of disabled adults, elder persons, and
residents as a racketeering activity; to provide for priority
scheduling of cases when the alleged victim is a disabled adult or
elder person; to change provisions relating to reporting abuse,
neglect, and exploitation of disabled adults and elder persons; to
change provisions relating to inspection of premises pursuant to
inspection warrants; to repeal provisions relating to exclusion of
evidence obtained during the execution of an inspection warrant; to
amend Chapter 1 of Title 51 of the Official Code of Georgia
Annotated, relating to general provisions relative to torts, so as
to revise the Good Samaritan law to provide for damaging property
in emergency situations; to amend Code Section 16-3-20 of the
Official Code of Georgia Annotated, relating to justification, so
as to cross-reference the Good Samaritan law; to provide for
related matters; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1.
Title 16 of the Official Code of Georgia Annotated, relating to
crimes and offenses, is amended in Code Section 16-5-100, relating
to definitions for the protection of elder persons, by adding a new
paragraph to read as follows:
"(7.1) 'Mentally or physically incapacitated' means an
impairment which substantially affects an individual's ability
to:
(A) Provide personal protection; (B) Provide necessities,
including but not limited to food, shelter, clothing, medical, or
other health care; (C) Carry out the activities of daily living; or
(D) Manage his or her resources."
SECTION 1-2. Said title is further amended by revising Code
Section 16-5-103, relating to exceptions to criminal liability, as
follows:
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THURSDAY, APRIL 2, 2015 4653
"16-5-103. (a) An owner, officer, administrator, board member,
employee, or agent of a long-term care facility shall not be held
criminally liable for the actions of another person who is
convicted pursuant to this article unless such owner, officer,
administrator, board member, employee, or agent was a knowing and
willful party to or conspirator to the abuse or neglect, as defined
in Code Section 30-5-3, or exploitation of a disabled adult, elder
person, or resident. (b) A violation of this article shall not give
rise to a private cause of action or civil remedies under
subsection (b) or (c) of Code Section 16-14-6 against a long-term
care facility or any owner, officer, employee, operator, or manager
of such facility. Nothing in this subsection shall limit the
criminal or civil remedies available to the state pursuant to state
law."
SECTION 1-3.
Said title is further amended by revising Code Section 16-5-104,
relating to applicability, and by adding a new Code section to read
as follows:
"16-5-104. For the purpose of venue under this article, any
violation of this article shall be considered to have been
committed:
(1) In any county in which any act was performed in furtherance
of the violation; or (2) In any county in which any alleged victim
resides.
16-5-105. This article shall be cumulative and supplemental to
any other law of this state."
SECTION 1-4.
Said title is further amended in subparagraph (A) of paragraph
(9) of Code Section 16-14-3, relating to definitions for the
"Georgia RICO (Racketeer Influenced and Corrupt Organizations
Act)," by deleting "or" at the end of division (xl), by replacing
the period with "; or" at the end of division (xli), and by adding
a new division to read as follows:
"(xlii) Article 8 of Chapter 5 of Title 16, relating to
protection of elder persons."
SECTION 1-5. Article 1 of Chapter 8 of Title 17 of the Official
Code of Georgia Annotated, relating to general provisions for
trial, is amended by revising Code Section 17-8-1, relating to
cases to be called in the order in which they stand on docket, as
follows:
"17-8-1. (a) The cases on the criminal docket shall be called in
the order in which they stand on the docket unless the defendant
accused is in jail or, otherwise, in the sound discretion of the
court.
(b)(1) As used in this Code section, the terms 'disabled adult'
and 'elder person' shall have the same meaning as set forth in Code
Section 16-5-100.
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4654 JOURNAL OF THE HOUSE
(2) When the alleged victim is a disabled adult or elder person,
the prosecuting attorney shall notify the accused if it intends to
seek preferred scheduling. The notice shall be in writing and
shall:
(A) Allege the specific factor or factors that will inhibit a
disabled adult from attending or participating in court proceedings
if he or she is a disabled adult; or (B) State the age of the
alleged victim if he or she is an elder person.
(3) When notice has been given pursuant to paragraph (2) of this
subsection, the court shall set a date for a hearing on the issue
within 14 days after the filing of such notice. The court shall
consider the matter and if the court determines that preferred
scheduling is necessary, the trial shall not be:
(A) Subject to subsection (a) of this Code section; and (B)
Earlier than 30 days from the date of the hearing."
SECTION 1-6.
Chapter 5 of Title 30 of the Official Code of Georgia Annotated,
relating to protection of disabled adults and elder persons, is
amended by revising Code Section 30-5-3, relating to definitions,
as follows:
"30-5-3. As used in this chapter, the term:
(1) 'Abuse' means the willful infliction of physical pain,
physical injury, sexual abuse, mental anguish, unreasonable
confinement, or the willful deprivation of essential services to a
disabled adult or elder person. (2) 'Caretaker' means a person who
has the responsibility for the care of a disabled adult or elder
person as a result of family relationship, contract, voluntary
assumption of that responsibility, or by operation of law. (3)
'Department' means the Department of Human Services. (4) 'Director'
means the director of the Division of Aging Services of the
Department of Human Services, or the director's designee. (5)
'Disabled adult' means a person 18 years of age or older who is not
a resident of a long-term care facility, as defined in Article 4 of
Chapter 8 of Title 31, but who is:
(A) Is mentally or physically incapacitated or has; (B) Has
Alzheimer's disease, as defined in Code Section 31-8-180, or
dementia,; or (C) Has dementia, as defined in Code Section
16-5-100.
(6) 'Elder person' means a person 65 years of age or older who
is not a resident of a long-term care facility as defined in
Article 4 of Chapter 8 of Title 31. (7) 'Essential services' means
social, medical, psychiatric, or legal services necessary to
safeguard the disabled adult's or elder person's rights and
resources and to maintain the physical and mental well-being of
such person. These services shall include, but not be limited to,
the provision of medical care for physical and mental health needs,
assistance in personal hygiene, food, clothing, adequately heated
and ventilated shelter, and protection from health and safety
hazards but shall not include the taking into physical custody of a
disabled adult or elder person without that person's consent.
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(8) 'Exploitation' means the illegal or improper use of a
disabled adult or elder person or that person's resources through
undue influence, coercion, harassment, duress, deception, false
representation, false pretense, or other similar means for one's
own or another's profit or advantage. (9) 'Fiduciary' shall have
the same meaning as set forth in Code Section 7-1-4. (10)
'Financial institution' shall have the same meaning as set forth in
Code Section 7-1-4.
(11) 'Investment company' means an individual or a corporation,
a partnership, a limited liability corporation, a joint-stock
company, a trust, a fund, or any organized group of persons whether
incorporated that:
(A) Is engaged or proposes to engage in the business of
effecting transactions in securities; (B) Is engaged or proposes to
engage in the business of issuing securities, or has been engaged
in such business and has any certificates outstanding; or (C) Is
engaged or holds itself out to be in the business of advising
others, either directly or through publications or writings, as to
the value of securities or the advisability of investing in,
purchasing, or selling securities or that, for compensation and as
a part of a regular business, issues or promulgates analysis or
reports concerning securities.
(12) 'Long-term care facility' shall have the same meaning as
set forth in Code Section 31-8-81. (13) 'Mentally or physically
incapacitated' means an impairment which substantially affects an
individual's ability to:
(A) Provide personal protection; (B) Provide necessities,
including but not limited to food, shelter, clothing, medical, or
other health care; (C) Carry out the activities of daily living; or
(D) Manage his or her resources.
(9)(14) 'Neglect' means the absence or omission of essential
services to the degree that it harms or threatens with harm the
physical or emotional health of a disabled adult or elder person.
(10)(15) 'Protective services' means services necessary to protect
a disabled adult or elder person from abuse, neglect, or
exploitation. Such services shall include, but not be limited to,
evaluation of the need for services and mobilization of essential
services on behalf of a disabled adult or elder person. (16)
'Resident' shall have the same meaning as set forth in Code Section
31-8-81. (17) 'Security' shall have the same meaning as set forth
in Code Section 10-5-2. (11)(18) 'Sexual abuse' means the coercion
for the purpose of self-gratification by a guardian or other person
supervising the welfare or having immediate charge, control, or
custody of a disabled adult or elder person to engage in any of the
following conduct:
(A) Lewd exhibition of the genitals or pubic area of any
person;
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4656 JOURNAL OF THE HOUSE
(B) Flagellation or torture by or upon a person who is unclothed
or partially unclothed; (C) Condition of being fettered, bound, or
otherwise physically restrained on the part of a person who is
unclothed or partially clothed unless physical restraint is
medically indicated; (D) Physical contact in an act of sexual
stimulation or gratification with any person's unclothed genitals,
pubic area, or buttocks or with a female's nude breasts; (E)
Defecation or urination for the purpose of sexual stimulation of
the viewer; or (F) Penetration of the vagina or rectum by any
object except when done as part of a recognized medical or nursing
procedure."
SECTION 1-7.
Said chapter is further amended by revising subparagraph
(a)(1)(B) and subsections (b) and (c) of Code Section 30-5-4,
relating to reporting of need for protective services, as
follows:
"(B) Any employee of a financial institution, as defined in Code
Section 7-1-4, or investment company having reasonable cause to
believe that a disabled adult or elder person has been exploited
shall report or cause reports to be made in accordance with the
provisions of this Code section; provided, however, that this
obligation shall not apply to any employee of a financial
institution or investment company while that employee is acting as
a fiduciary, as defined in Code Section 7-1-4, but only for such
assets that the employee is holding or managing in a fiduciary
capacity." "(b)(1)(A) A report that a disabled adult or elder
person who is not a resident of a long-term care facility as
defined in Code Section 31-8-81 is in need of protective services
or has been the victim of abuse, neglect, or exploitation shall be
made to an adult protection agency providing protective services as
designated by the department and to an appropriate law enforcement
agency or prosecuting attorney. If a report of a disabled adult or
elder person abuse, neglect, or exploitation is made to an adult
protection agency or independently discovered by the agency, then
the agency shall immediately notify the appropriate law enforcement
agency or prosecuting attorney make a reasonable determination
based on available information as to whether the incident alleges
actions by an individual, other than the disabled adult or elder
person, that constitute a crime and include such information in
their report. If a crime is suspected, the report shall immediately
be forwarded to the appropriate law enforcement agency or
prosecuting attorney. During an adult protective agency's
investigation, it shall be under a continuing obligation to
immediately report the discovery of any evidence that may
constitute a crime. (B) If the disabled adult or elder person is a
resident of a long-term care facility as defined in Code Section
31-8-81 person is 65 years of age or older and is a resident, a
report shall be made in accordance with Article 4 of Chapter 8 of
Title 31. If a report made in accordance with the provisions of
this Code section alleges that the
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THURSDAY, APRIL 2, 2015 4657
abuse or exploitation occurred within a long-term care facility,
such report shall be investigated in accordance with Articles 3 and
4 of Chapter 8 of Title 31.
(2) Reporting required by subparagraph (A)(1) of this subsection
The report may be made by oral or written communication. Such The
report shall include the name and address of the disabled adult or
elder person and should include the name and address of the
disabled adult's or elder person's caretaker, the age of the
disabled adult or elder person, the nature and extent of the
disabled adult's or elder person's injury or condition resulting
from abuse, exploitation, or neglect, and other pertinent
information. (3) When a report of a disabled adult's or elder
person's abuse, neglect, or exploitation is originally reported to
All such reports prepared by a law enforcement agency, it shall be
forwarded by such agency to the director or his or her designee
within 24 hours of receipt.
(c) Anyone who makes a report pursuant to this chapter, who
testifies in any judicial proceeding arising from the report, who
provides protective services, or who participates in a required
investigation under the provisions of this chapter shall be immune
from any civil liability or criminal liability prosecution on
account of such report or testimony or participation, unless such
person acted in bad faith, with a malicious purpose, or was a party
to such crime or fraud. Any financial institution, as defined in
Code Section 7-1-4 or investment company, including without
limitation officers and directors thereof, that is an employer of
anyone who makes a report pursuant to this chapter in his or her
capacity as an employee, or who testifies in any judicial
proceeding arising from a report made in his or her capacity as an
employee, or who participates in a required investigation under the
provisions of this chapter in his or her capacity as an employee,
shall be immune from any civil liability or criminal liability
prosecution on account of such report or testimony or participation
of its employee, unless such financial institution or investment
company knew or should have known that the employee acted in bad
faith or with a malicious purpose and failed to take reasonable and
available measures to prevent such employee from acting in bad
faith or with a malicious purpose. The immunity described in this
subsection shall apply not only with respect to the acts of making
a report, testifying in a judicial proceeding arising from a
report, providing protective services, or participating in a
required investigation but also shall apply with respect to the
content of the information communicated in such acts."
SECTION 1-8. Title 31 of the Official Code of Georgia Annotated,
relating to health, is amended by revising paragraph (2) of
subsection (a) of Code Section 31-2-9, relating to record check
requirements for certain facilities, as follows:
"(2) 'Crime' means commission of the following offenses: (A) A
violation of Code Section 16-5-1; (B) A violation of Code Section
16-5-21, relating to aggravated assault; (C) A violation of Code
Section 16-5-24, relating to aggravated battery;
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(D) A violation of Code Section 16-5-70, relating to cruelty to
children; (E) A violation of Article 8 of Chapter 5 of Title 16;
(F) A violation of Code Section 16-6-1, relating to rape; (G) A
violation of Code Section 16-6-2, relating to aggravated sodomy;
(H) A violation of Code Section 16-6-4, relating to child
molestation; (I) A violation of Code Section 16-6-5, relating to
enticing a child for indecent purposes; (J) A violation of Code
Section 16-6-5.1, relating to sexual assault against persons in
custody, detained persons, or patients in hospitals or other
institutions; (K) A violation of Code Section 16-6-22.2, relating
to aggravated sexual battery; (L) A violation of Code Section
16-8-41; (M) A felony violation of Code Section 31-7-12.1; (M)(N)
Any other offense committed in another jurisdiction that, if
committed in this state, would be deemed to be a crime listed in
this paragraph without regard to its designation elsewhere; or
(N)(O) Any other criminal offense as determined by the department
and established by rule adopted pursuant to Chapter 13 of Title 50,
the 'Georgia Administrative Procedure Act,' that would indicate the
unfitness of an individual to provide care to or be in contact with
persons residing in a facility."
SECTION 1-9.
Said title is further amended by adding a new Code section to
read as follows: "31-2-13. (a) As used in this Code section, the
term 'commissioner' means the commissioner of community health or
his or her designee. (b) Nothing in this Code section shall be
construed to require an inspection warrant when a warrantless
inspection is authorized by law or pursuant to a rule or regulation
enacted pursuant to this title. (c) An inspection warrant is an
order, in writing, signed by a judicial officer, directed to the
commissioner or any person authorized to make inspections for such
commissioner and commanding him or her to conduct an inspection
required or authorized by:
(1) This title; (2) Any other law administered by the
commissioner; (3) Rules or regulations promulgated pursuant to this
title; or (4) Rules or regulations promulgated pursuant to any
other law administered by the commissioner.
(d) The commissioner or any person authorized to make
inspections for such commissioner shall make application for an
inspection warrant to a person who is a judicial officer within the
meaning of Code Section 17-5-21.
(e)(1) An inspection warrant shall be issued only upon cause and
when supported by an affidavit which:
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THURSDAY, APRIL 2, 2015 4659
(A) Particularly describes the place, dwelling, structure,
premises, or vehicle to be inspected; (B) Particularly describes
the purpose for which the inspection is to be made; and (C)
Contains either a statement that consent to inspect has been sought
and refused or facts or circumstances reasonably justifying the
failure to seek such consent.
(2) Cause to support the issuance of an inspection warrant shall
be deemed to exist if: (A) Reasonable legislative or administrative
standards for conducting a routine or area inspection are satisfied
with respect to the particular place, dwelling, structure,
premises, or vehicle; or (B) There is reason to believe that a
condition of nonconformity exists with respect to the particular
place, dwelling, structure, premises, or vehicle.
(f) An inspection warrant shall be effective for the time
specified therein, but not for a period of more than 14 days,
unless extended or renewed by the judicial officer who signed and
issued the original warrant, upon satisfaction that such extension
or renewal is in the public interest. Such inspection warrant shall
be executed and returned to the judicial officer by whom it was
issued within the time specified in such warrant or within the
extended or renewed time. After the expiration of such time, the
inspection warrant, unless executed, shall be void. (g) An
inspection pursuant to an inspection warrant:
(1) May be executed at any time as deemed appropriate by the
individual executing such warrant but whenever possible shall be
made at any time during operating or regular business hours; (2)
Should not be performed in the absence of an owner or occupant of
the particular place, dwelling, structure, premises, or vehicle
being inspected unless specifically authorized by the judicial
officer upon a showing that such authority is reasonably necessary
to effectuate the purpose of the law, rule, or regulation being
enforced; and (3) Shall not be made by means of forcible entry,
except that the judicial officer may expressly authorize a forcible
entry when facts are shown:
(A) Which are sufficient to create a reasonable suspicion of a
violation of this title or any other law, rule, or regulation
administered by the commissioner or the department, which, if such
violation existed, would be an immediate threat to health or
safety; or (B) Establishing that a reasonable attempt to serve a
previous inspection warrant has been unsuccessful.
(h) When prior consent for an inspection has been sought and
refused and an investigation warrant has been issued, an inspection
warrant may be executed without further notice to the owner or
occupant of the particular place, dwelling, structure, premises, or
vehicle being inspected. (i) It shall be unlawful for any owner,
operator, or employee of the particular place, dwelling, structure,
premises, or vehicle being inspected to refuse to allow an
inspection pursuant to an inspection warrant issued as provided in
this Code section. Any person violating this Code section shall be
guilty of a misdemeanor."
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4660 JOURNAL OF THE HOUSE
SECTION 1-10. Chapter 5 of Title 31 of the Official Code of
Georgia Annotated, relating to administration and enforcement, is
amended by revising subsection (b) of Code Section 31-5-10,
relating to notifying department or board of health of conditions
on private property which are injurious to the public and
inspection warrants, as follows:
"(b) Any person who knows or suspects that a condition exists on
private property, which condition is injurious to the public
health, safety, or comfort, shall immediately notify the department
Department of Public Health or the county board of health. Upon
receiving such notice, the department or the county board of health
shall be authorized to obtain an inspection warrant as provided in
Code Section 31-5-21. If the department or the county board of
health determines that there exists a condition which is injurious
to the public health, safety, or comfort, the department or county
board of health shall, by registered or certified mail or statutory
overnight delivery with return receipt requested, notify the
occupants of the property and, if different from the occupant, the
person, firm, or corporation which owns the property. Notice to the
owner shall be sent to the address shown on the county or municipal
property tax records."
SECTION 1-11. Said title is further amended by revising Code
Section 31-5-20, relating to "inspection warrant" defined, as
follows:
"31-5-20. As used in this chapter article, the term 'inspection
warrant' means a warrant authorizing a search or inspection of
private property where such a search or inspection is one that is
necessary for the enforcement of any of the provisions of laws
authorizing licensure, inspection, or regulation by the Department
of Public Health or a local agency thereof or by the Department of
Community Health."
SECTION 1-12.
Said title is further amended by revising Code Section 31-5-21,
relating to persons who may obtain inspection warrants, as
follows:
"31-5-21. The commissioner or the commissioner of community of
public health or his or her delegate or the director of any county
board of health, in addition to other procedures now or hereafter
provided, may obtain an inspection warrant under the conditions
specified in this chapter. Such warrant shall authorize the
commissioner or the commissioner of community public health or the
director of any county board of health, or the agents of any, or
the Department of Agriculture, as appropriate, to conduct a search
or inspection of property, either with or without the consent of
the person whose property is to be searched or inspected, if such
search or inspection is one that is elsewhere authorized under the
rules and regulations duly promulgated under this title or any
provision of law which authorizes licensure, inspection, or
regulation by the Department of Public Health or a local agency
thereof or by the Department of Community Health."
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THURSDAY, APRIL 2, 2015 4661
SECTION 1-13. Said title is further amended by revising Code
Section 31-5-24, relating to excluding evidence, as follows:
"31-5-24. No facts discovered or evidence obtained in an
inspection conducted under authority of an inspection warrant
issued pursuant to this chapter shall be competent as evidence in
any criminal proceeding against any party."
PART II SECTION 2-1.
Chapter 1 of Title 51 of the Official Code of Georgia Annotated,
relating to general provisions relative to torts, is amended by
revising Code Section 51-1-29, relating to liability of persons
rendering emergency care, as follows:
"51-1-29. (a) Any person, including any person licensed to
practice medicine and surgery pursuant to Article 2 of Chapter 34
of Title 43 and including any person licensed to render services
ancillary thereto, who in good faith renders emergency care at the
scene of an accident or emergency to the victim or victims thereof
without making any charge therefor shall not be liable for any
civil damages as a result of any act or omission by such person in
rendering emergency care or as a result of any act or failure to
act to provide or arrange for further medical treatment or care for
the injured person. (b) As used in this Code section, the term
'emergency care' shall include, but shall not be limited to, the
rescue or attempted rescue of an incapacitated or endangered
individual from a locked motor vehicle."
SECTION 2-2. Code Section 16-3-20 of the Official Code of
Georgia Annotated, relating to justification, is amended by
revising paragraph (5) as follows:
"(5) When the person's conduct is justified for any other reason
under the laws of this state, including as provided in Code Section
51-1-29; or"
PART III
SECTION 3-1. All laws and parts of laws in conflict with this
Act are repealed. The following amendment was read: Representative
Willard of the 51st offers the following amendment: Amend the
Senate substitute to HB 72 (LC 29 6648ERS) by inserting after
"warrant;" on line 12 the following:
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4662 JOURNAL OF THE HOUSE
to amend Code Section 24-12-21 of the Official Code of Georgia
Annotated, relating to disclosure of AIDS confidential information,
so as to change provisions relating to disclosure of such
information under certain circumstances; to provide for procedure;
By inserting between lines 358 and 359 the following:
PART IA SECTION 1A-1.
Code Section 24-12-21 of the Official Code of Georgia Annotated,
relating to disclosure of AIDS confidential information, is amended
in paragraph (1) of subsection (s) by deleting "or" at the end of
subparagraph (A) and adding a new subparagraph (C) to read as
follows:
"(C) Is suspected of being mentally ill and is the subject of an
order issued pursuant to Code Section 37-3-41 when the court
issuing such order finds in an in camera hearing by clear and
convincing evidence a compelling need for the information which
cannot be accommodated by other means. In assessing compelling
need, the court shall weigh the public health, safety, or welfare
needs or any other public or private need for the disclosure
against the privacy interest of the person identified by the
information and the public interest which may be disserved by
disclosures which may deter voluntary HIV tests. If the court
determines that disclosure of that information is authorized under
this subparagraph, the court shall order that disclosure and impose
appropriate safeguards against any unauthorized disclosure. The
records of that hearing otherwise shall be under seal; or"
On the adoption of the amendment, the roll call was ordered and
the vote was as follows: Y Abrams Y Alexander N Allison Y Anderson
N Atwood Y Ballinger Barr Y Battles E Beasley-Teague Y Bell N
Belton Y Bennett Y Bentley Y Benton Y Beskin Y Beverly Y Broadrick
N Brockway Y Brooks Y Bruce Y Bryant
Y Coomer Y Cooper Y Corbett E Dawkins-Haigler Y Deffenbaugh Y
Dempsey Y Dickerson Y Dickey Y Dickson Y Dollar Y Douglas Y Drenner
Y Dudgeon Y Dukes N Dunahoo Y Duncan Y Ealum Y Efstration Y Ehrhart
Y England Y Epps
Y Harbin Y Harden Y Harrell Y Hatchett Y Hawkins Y Henson N
Hightower Y Hitchens Y Holcomb E Holmes Y Houston Y Howard Y Hugley
Jackson Jacobs Y Jasperse Y Jones, J Y Jones, J.B. Y Jones, L Y
Jones, S Jordan
Y Meadows Y Mitchell Y Morris Y Mosby Y Nimmer Y Nix Y Oliver Y
O'Neal Y Pak Y Parrish Y Parsons Y Peake Y Petrea N Pezold Y
Powell, A Y Powell, J Y Prince N Pruett N Quick N Raffensperger
Rakestraw
Y Smith, E Y Sm